Are Small Claims Court Cases That Much Simpler Than Other Cases?
The Small Claims Court Is a Genuine Court of Law As a Division of the Superior Court of Justice and Functions Far Differently Than What Is Observed By Watching Television Court Shows. The Small Claims Court Operates With a Unique Set of Procedural Rules. The Dispute Specific Substantive Law Is the Same As Applies In the Higher Court.
A Helpful Guide to Understanding Why It Is Called the Small Claims Court Rather Than the Simple Cases Court
It is called the Small Claims Court instead of the Simple Claims Court because lawsuits for amounts under $35,000 may be just as complicated, and perhaps more so, than many legal cases that are above the $35,000 limit of Small Claims Court (the limit of $35,000 became effective January 1 2020). Do note that the $35,000 limit applies exclusive of court costs, legal representation costs, and interest.
The Procedural Law
Just the same as with cases for sums beyond the $35,000 limit that are pursued in the higher court, a case in the Small Claims Court will involve the procedural law regarding the rules for the process of how a legal matter is conducted as well as the substantive law that applies to the actual legal issue in dispute. The procedural law is known as the Rules of the Small Claims Court which is essentially the general how to manual for the process of conducting a Small Claims Court case including what documents, being specific forms, are required as well as the step-by-step manner by which a legal case in the Small Claims Court occurs.
For sources of further helpful information regarding the rules of procedure and forms applicable to the Small Claims Court, see:
- Ministry of the Attorney General, Small Claims Court
- Small Claims Court Forms
- Rules of the Small Claims Court
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Small Claims Court Rules:
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